Adel Bin Ahmed Bin Ibrahim Hkiml

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Adel Bin Ahmed Bin Ibrahim Hkiml
File:ISN 00168, Muhammad Ibn Arfhan Shahin.jpg
Adel Hkiml's Guantanamo ID portrait -- the white uniform shows camp authorities considered him a "compliant" captive
Born 1965-03-27
Bin Aroes, Tunisia
Nationality Tunisia

Adel Bin Ahmed Bin Ibrahim Hkiml is a citizen of Tunisia, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[1] His Guantanamo detainee ID number is 168. The Department of Defense reports that he was born on March 27, 1965. in Bin Aroes, Tunisia.

Inconsistent identification

Initially, the Department of Defense's policy was to refrain from revealing any information about the identity of the captives. But, the DoD exhausted all its legal appeals in opposition to a Freedom of Information Act request, and was forced to release the identities of the captives, with a deadline of 6 pm on March 3, 2006. The DoD didn't fully comply right away. The DoD released an official list of all 558 captives whose secret determination as a "enemy combatant" status was re-assessed by a Combatant Status Review Tribunal on April 20, 2006.[2] The DoD finally released what they described as a full list of all the captives who had been held in Guantanamo — in military custody.[1]

This captive is notable because these two lists bore completely different names:

  • On April 20, 2006 captive 168 was listed as Muhammed Ibn Arfan Shaheen.[2]
  • On May 15, 2006 captive 168 was listed as Adel Bin Ahmed Bin Ibrahim Hkiml.[1]

Both lists said captive 168 was from Tunisia.

Background

Official status reviews

Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[3] In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[3]


Scholars at the Brookings Institute, lead by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations[4]:

  • Muhammed Ibn Arfan Shaheen was listed as one of the captives who the Wittes team unable to identify as presently cleared for release or transfer.[4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the captives who "The military alleges ... are associated with Al Qaeda."[4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the captives who "The military alleges ... were at Tora Bora."[4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the captives whose "names or aliases were found on material seized in raids on Al Qaeda safehouses and facilities."[4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the captives who was a member of the "al Qaeda leadership cadre".

[4]

  • Muhammed Ibn Arfan Shaheen was listed as one of "two alleged Al Qaeda leaders who have been cleared for release or transfer." [4]
  • Muhammed Ibn Arfan Shaheen was listed as one of the "82 detainees made no statement to CSRT or ARB tribunals or made statements that do not bear materially on the military’s allegations against them."[4]

Habeas corpus petition

Hkiml had a writ of habeas corpus, 05-CV-0429 filed on his behalf in 2005.

Formerly secret Joint Task Force Guantanamo assessment

On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.[5][6] His assessment was eleven pages long, and was dated [7] His assessment was signed by camp commandant Mark H. Buzby, who recommended "continued detention under DoD control". [8]

Guantanamo Review Task Force assessment

On September 21, 2012, the United States Department of Justice published a list of the names of 55 Guantanamo captives who had been cleared for release.[9][10][11][12] According to Fausto Biloslavo, writing in Il Giornale, as one of the six remaining captives in Guantanamo who had lived in Italy, Italy will be under pressure to accept Hkiml.

References

  1. 1.0 1.1 1.2 OARDEC (2006-05-15). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006". United States Department of Defense. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29. 
  2. 2.0 2.1 list of prisoners (.pdf), United States Department of Defense, April 20, 2006
  3. 3.0 3.1 "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." 
  4. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Benjamin Wittes, Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study". The Brookings Institute. http://www.brookings.edu/~/media/research/files/reports/2008/12/16%20detainees%20wittes/1216_detainees_wittes.pdf. Retrieved 2010-02-16. "Al Sani said he traveled to Afghanistan shortly before September 11 and trained on a Kalashnikov. “I felt it was important in coming of age,” he said. “I went to Afghanistan for weapons training, not to fight anyone.”"  mirror
  5. Christopher Hope, Robert Winnett, Holly Watt, Heidi Blake (2011-04-27). "WikiLeaks: Guantanamo Bay terrorist secrets revealed -- Guantanamo Bay has been used to incarcerate dozens of terrorists who have admitted plotting terrifying attacks against the West – while imprisoning more than 150 totally innocent people, top-secret files disclose". The Telegraph (UK). Archived from the original on 2012-07-13. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fworldnews%2Fwikileaks%2F8471907%2FWikiLeaks-Guantanamo-Bay-terrorist-secrets-revealed.html&date=2012-07-13. Retrieved 2012-07-13. "The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America’s own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website." 
  6. "WikiLeaks: The Guantánamo files database". The Telegraph (UK). 2011-04-27. http://www.telegraph.co.uk/news/wikileaks-files/guantanamo-bay-wikileaks-files/8476672/WikiLeaks-The-Guantanamo-files-database.html. Retrieved 2012-07-10. 
  7. "Adil Bin Ahmad Ibrahim Hakimi: Guantanamo Bay detainee file on Adil Bin Ahmad Ibrahim Hakimi, US9TS-000168DP, passed to the Telegraph by Wikileaks". The Telegraph (UK). 2011-04-27. Archived from the original on 2012-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.telegraph.co.uk%2Fnews%2Fwikileaks-files%2Fguantanamo-bay-wikileaks-files%2F8477425%2FGuantanamo-Bay-detainee-file-on-Adil-Bin-Ahmad-Ibrahim-Hakimi-US9TS-000168DP.html&date=2012-09-23. Retrieved 2012-09-23. "Recommendation: Continued detention under DoD control" 
  8. Mark H. Buzby (2007-11-04). "Recommendation for Continued Detention Under DoD Control (CD) for Guantanamo Detainee, ISN US9TS000168DP". Joint Task Force Guantanamo. http://media.mcclatchydc.com/smedia/2011/04/27/20/us9ts-000168dp.source.prod_affiliate.91.pdf. Retrieved 2012-09-23.  16x16px Media related to at Wikimedia Commons
  9. Carol Rosenberg (2012-09-21). "U.S. names 55 Guantánamo captives cleared for release". Miami Herald. Archived from the original on 2012-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2F2012%2F09%2F21%2F3014519%2Fus-names-55-guantanamo-captives.html&date=2012-09-23. 
  10. Danica Coto (2012-09-21). "U.S. releases list of Guantanamo detainees cleared for transfer". Toronto Star. Archived from the original on 2012-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.thestar.com%2Fnews%2Fworld%2Farticle%2F1260726--omar-khadr-not-on-u-s-list-of-guantanamo-detainees-cleared-for-transfer&date=2012-09-23. "The U.S. Justice Department has made public the names of 55 Guantanamo prisoners who have been approved for transfer to the custody of other countries, releasing information sought by human rights organizations. The announcement, which reverses a 2009 decision, was a surprise to organizations that had filed FOIA requests seeking the information." 
  11. "US releases names of 55 Guantanamo detainees approved for transfer". freedetainees.org. 2012-09-23. Archived from the original on 2012-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Ffreedetainees.org%2F2012%2F09%2F21%2Fus-releases-names-of-55-guantanamo-detainees-approved-for-transfer%2F%3Futm_source%3Dfeedburner%26utm_medium%3Demail%26utm_campaign%3DFeed%253A%2Bfreedetainees%252FZCdR%2B%2528freedetainees.org%2529%26utm_content%3DYahoo%21%2BMail&date=2012-09-23. 
  12. Fausto Biloslavo (2012-09-23). "Quei reclusi di Guantanamo che possiamo trovarci in casa [Those inmates from Guantanamo that we can find in the house]". Il Giornale. Archived from the original on 2012-09-23. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.ilgiornale.it%2Fnews%2Festeri%2Fquei-reclusi-guantanamo-che-possiamo-trovarci-casa-839863.html&date=2012-09-23.